TRENDS : AS EFFICIENT COMPETITOR TEST – EUROPEAN COMMMISSION - COURT OF JUSTICE - POST DANMARK CASE - NEW STANDARD
The "as efficient competitor test": A new era?
The "reasonably-efficient operator test" is a general test used for pricing strategies of dominant firms by the European Commission. Contributions of this "Trends" present this test in various areas of competition law. The importance of this test has recently been underlined by the Court of Justice in the Post Danmark case. The Court has used this notion to assess a new standard for the abuse of dominant position which could open a new era?
*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. INTRODUCTION
David BOSCO
Professor, University of Aix-Marseille
1. You have to take things as they are, because you don't make (competition) policy other than based on realities. Of course, one can jump on one's chair like a cabri saying: "Modernization! Modernization! Modernization! "but that doesn't lead to anything and it doesn't mean anything [1]. So let's try to take things "as they are": does the consecration of the operator test as effective by the competition authorities really bring about the long-awaited modernising revolution of abuse of dominant position? Does it lead to a real change, or is it more in the order of semantics, with the expression
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